The DOJ admitted that ICE lied about its power to arrest inside immigration courts.

Over the past year, hundreds of people were arrested when they went to immigration courts regarding legal asylum cases or citizenship cases. A court filing shows that Immigration and Customs Enforcement was lying to immigration courts about having arrest authority. In a court filing Tuesday, Assistant U.S. Attorney Jeffrey Oestreicher for the Southern District of New York revealed that the memo the government relied on to support the arrests of hundreds of immigrants appearing in immigration courts “does not and has never authorized” civil immigration enforcement actions in those courts.It stems from a lawsuit brought by the New York Civil Liberties Union and various other civil rights groups challenging the government’s practice of dismissing asylum and citizenship cases and mass detaining law-abiding immigrants at New York City’s 26 Federal Plaza, as well as other immigration courts across the country.The prosecutor wrote that the government would withdraw several briefs based on the memo, as well as some statements made at oral arguments in federal court in September. Oestreicher wrote that U.S. District Judge P. Kevin Castell’s previous order would likely need to be “reconsidered and resubmitted.” In September, Castells ruled that ICE could make arrests in courts and also made it harder for judges to dismiss cases.

It’s ICE’s fault, not DOJ’s

Oestreicher claimed the mistake was not the Justice Department’s fault, but ICE’s. “The signatories below were specifically informed by ICE that the 2025 ICE Guidance applies to arrests in immigration court. Additionally, we discussed and received approval with assigned ICE counsel prior to filing each brief in this case and making any oral representations before the court and plaintiffs,” Oestreicher wrote.

‘It’s really a bomb blast’

Former New York City Comptroller Brad Lander, who was detained by ICE while attempting to escort an immigrant out of a courthouse in lower Manhattan during his campaign for New York City mayor in June, called the revelation a bombshell. “According to documents filed this morning by the U.S. Attorney for the Southern District of New York, ICE has been lying for a year — not only to the public, but to courts and prosecutors — about being authorized to make arrests at 26 Federal Plaza and other immigration courthouses,” Lander wrote on Wednesday. “This is truly a bombshell. All arrests in court must stop immediately. There must be a congressional investigation and civil rights action for every illegal kidnapping of immigrants who try to follow the rules and appear in court.“